To feel that I'm being treated unfairly at work?

[careerchangemaybe]

I'll try to keep a long story short and just the facts - trying to be as objective as possible.

Recently returned to work from 10 months maternity leave - been back 6 weeks now. I have struggled with my mental health whilst on maternity leave quite significantly - I spent some time admitted to a mother and baby unit when my baby was born, and have struggled on and off with anxiety and low mood throughout my maternity leave. I have been seen regularly for therapy by a perinatal mental health team, who are fabulous and have helped me lots.

Part of my struggles relate to separation from my baby, which sends my anxiety into overdrive. Hence the return to work has been extremely hard indeed, to put it mildly. But I've put a brave face on and tried to just get on with it thus far.

I submitted a request for flexible working / reduced hours to my manager. I wanted to go from FT (37 hours a week) to PT (33 hours a week). So in effect I'm asking for a reduction of just 4 hours per week. It's been declined. On the basis that it cannot be justified in the current for climate of severe staff shortages and the service being at crisis point as a result of Covid (I am in a large public sector organisation).

However, I know for a fact that some other colleagues work flexibly and have reduced hours, for their own reasons. So in effect I am being treated differently because of the work climate at the moment.

I honestly feel as though I will end up on long term sick if I have to continue to work FT hours. I am asking for a small bit of flexibility to enable me to keep working and to meet my health needs.

Am I being unreasonable? Any advice on how to proceed with this? I'm really lost. Thanks.

I was in the same situation 3 years ago when I returned to work after mat leave. I also had severe PND and wanted to work compressed hours ie 5 days over 4. My request was refused even though there was lots of people already with the same arrangement which had been in place for some time without any mechanism for review. So these people had been doing compressed hours for 4/5 years which then seemed unfair when I was told it didn't meet business needs, yet it was ok for them to continue when we were doing the same job??

In the end i raised a grievance which went to senior management and I also got my union rep involved. The manager who reviewed my case had a different opinion and didn't feel it would impact on business need so the decision was ultimately overturned and they allowed the compressed hours.

It didn't work out for me in the end as working compressed hours was too stressful but I'm glad I challenged it and had the opportunity to try.

Would they consider you doing the 4 hrs work from home? Not ideal but you could be at home, maybe doing a Saturday morning if DH can look after baby or an hour at night when baby in bed.

I know it isn't what you want exactly but might it help you and make it doable for them.

@RaspberryTed what @DoubleChinWoes2 has said is absolutely right. Any medical advice is recommendations, it is ultimately the business decision as to whether accomodate it or not. If OP is unable to fulfill her contract and the business cannot support the recommendations , then OP has the option to go sick.

Granted, refusing reduced hours would be more difficult to justify than someone bringing in a med cert saying they couldn't do particular parts of their role, but it is the business decision nonetheless.

Whether it's a risky decision is completely different. If they did do that, OP could put in a claim for failure to make reasonable adjustments, and if she was able to successfully show she is covered under the EA, and they could reasonably support the reduction of hours, she would win. But ultimately the business get to decide whether they think its reasonable to accommodate or not.

@careerchangemaybe

No, but they would consider whether they can continue to employ her and may dismiss her on the grounds of ill-health if she can't fulfil the contract.

Is this legal?!

Yes.

Oh course it's legal! You can dismiss as long as it's reasonable and fair. If the business genuinely cannot support your request and you're too ill to fulfil your contract they could dismiss you. They'd need to follow a fair process and look at all other options first.

If they suggest an alternative to you and you don't accept and they genuinely cannot agree to your request, and you cannot work your contracted hours, that invalidates your contract and they don't need to keep you employed.

Will four hours a week really make the difference to your mental health, OP? I wonder whether looking for a new job with fewer hours might be better?

@girlmom21

If other people have had requests approved prior to yours being submitted it stands to reason that there's left flexibility left for everyone else now.

You're not being mistreated IMO - it's just bad timing.

I feel for you, OP, and can well understand your disappointment and frustration. But Girlmom21 is correct - as more staff have been granted flexible working, there is less flexibility for the remaining staff. You’re not being treated unfairly - it’s bad timing for you, but this is an operational decision, not a personal one. I hope you manage to find a solution.

Do you think you perhaps need more time prior to going back to work or could you speak to occupational health? And do something similar to phased return to ease you back into working full time, it sounds like you’ve had a terrible time and for your own health yOu need to take your return slowly. I have a friend who was in a similar situation (nhs and work were amazingly supportive) but I think you need to get occ health and hr involved to support you. I hope you continue to make a good recovery but I would put yourself first here. This is an illness and you need to get better.

@StepAwayFromGoogling

Will four hours a week really make the difference to your mental health, OP? I wonder whether looking for a new job with fewer hours might be better?

Yes because, with the remaining 33 hours compressed over 4 days, it allows me a full day off a week. Which would be very helpful in terms of my recovery from postnatal illness.

So you don’t really want to reduce hours for your MH, it’s actually because of childcare arrangements?

You need to demonstrate that the reduction in hours does not substantially impact the business. How can you do this?

I'd expect OH would recommend a reduction in hours while you recover, but it's unlikely to be what you suggest. More likely they'll suggest half days, or even less than that, slowly building up to full days or remaining on a 0.5 contract.

So, they've already been flexible in allowing you to compress those hours into 4 days not 5.
Leaving aside the fact that they've done what you first requested and now you're asking for something else tailored to your wishes, for every solution suggested on the thread, you've found another reason why you can't, or won't.

You keep saying you are ill. As others have said-then you get signed off sick. You don't go to work and expect work to revolve around your needs. Harsh but true.

You're in a job which clearly already affords a great deal of flexibility. You've asked and been given what you wanted. But now you want something else.

How about a normal compressed hours and arrange for your DH to collect your little one from childcare?

@RunningFromInsanity

So you don’t really want to reduce hours for your MH, it’s actually because of childcare arrangements?

No. I want to reduce my hours for MH reasons to allow me a full day off per week. Ideally this would be FT hrs over 4 days (this way I'd also not lose any money). However, I can't work FT hours over 4 days because my childcare provider doesn't work past 5.30pm, and it's 30 min drive to her house from work, so there's no way I can leave work later than 5pm on those days.

As well as 4 hours less though, you're also requesting one day less- it may be the company doesn't currently have capacity for facilitating you to have a 4 day work week, when the business requires a 5 day work week? That's not discrimination, and if they can't afford to run on a 4 day week, then they aren't obliged to supply that

Hence the proposed reduction to 33 hours - it's the most hours I can fit into 4 days, allowing for childcare arrangements.

@PAFMO

So, they've already been flexible in allowing you to compress those hours into 4 days not 5. Leaving aside the fact that they've done what you first requested and now you're asking for something else tailored to your wishes, for every solution suggested on the thread, you've found another reason why you can't, or won't.

You keep saying you are ill. As others have said-then you get signed off sick. You don't go to work and expect work to revolve around your needs. Harsh but true.

You're in a job which clearly already affords a great deal of flexibility. You've asked and been given what you wanted. But now you want something else.

Wtf are you on about? You haven't read the thread properly.

@konasana

How about a normal compressed hours and arrange for your DH to collect your little one from childcare?

This has been covered already - the nature of his work means he cannot leave early - he has to do his full shifts. But the compromise is, he has been granted a fixed day off every week, on which he will look after the baby, enabling me to work a longer day on that day in particular if needed.

@SD1978

As well as 4 hours less though, you're also requesting one day less- it may be the company doesn't currently have capacity for facilitating you to have a 4 day work week, when the business requires a 5 day work week? That's not discrimination, and if they can't afford to run on a 4 day week, then they aren't obliged to supply that

Again, no. As I've already said on this thread - my manager asked if I would be able to work my full hours across 4 longer days instead. He was happy with that. It's not the 4 day week they are disputing, it's the 4 hours reduction.

I can't answer your question but just wanted to send you a big hug. It must be so so hard going back to work whilst suffering with anxiety and depression

This has been covered already - the nature of his work means he cannot leave early - he has to do his full shifts. But the compromise is, he has been granted a fixed day off every week

But the exact same thing can be said of your job. You can't leave earlier and can only have one non-working day. Isn't that the whole point of your thread?

Except you are the one managing a serious health condition, so it is not unreasonable to ask why he isn't looking for an alternative role that would mean he can fulfil his responsibilities to his family instead of leaving it on you to walk out of your job.

It is just one of those things - it would be helpful to you but they aren't discriminating. I'd look for a different role.

To clarify some points that keep coming up:

• I've asked to reduce and compress my hours for MH reasons, as having a fully day off per week would help massively with my recovery (this view is supported by MH professionals working with me since my baby's birth).

• I've worked out the maximum number of hours I could fit in over 4 days taking into account my childcare arrangements. This number is 33 hours.

• My partner has been granted fixed day off every week from work - this is as an alternative to his hours being reduced as the nature of his work means he cannot leave a shift early to collect the baby. On this day - I have more flexibility to work a longer day at work, thus helping with the compressed hours situation.
• I cannot leave work later than 5pm on the other days as my childcare provider doesn't work past 5.30 and she is a 30 min drive from my work, hence being unable to work my FT hours over 4 days.

• My manager does not have an issue with me working FT hours over 4 days - so the compression is not an issue. The issue is the reduction, ie losing 4 hrs of my time.

@iloveyankeecandle

I can't answer your question but just wanted to send you a big hug. It must be so so hard going back to work whilst suffering with anxiety and depression

Thank you

@formalineadeline

The exact same can't be said of my job, unfortunately. Without revealing my Oh's profession and mine, which would instantly show why he can't just down tools and leave but I could (in theory), it's hard to explain. He is very "hands on" and can be involved in situations that cannot be just left. I have more flexibility and am more desk based a lot of the time.

To make the point - I could do probably 70% of my role remotely from home. He could do none of his from home.